+6018-981 6866 
enquiry@chienglumassociates.com 
Frequently Asked Questions (FAQ)
GENERAL LEGAL FAQ
CAVEAT FAQ
TENANCY FAQ
AUCTION PROPERTY FAQ
PARTNERSHIP AGREEMENT FAQ
CORPORATE DISPUTE FAQ
DISCHARGE AND REFINANCING FAQ
LOVE AND AFFECTION FAQ
CORPORATE RETAINER FAQ
WILL, TRUST & PROBATE FAQ
DIVORCE & FAMILY LAW FAQ
CORPORATE & COMMERCIAL FAQ
REFINANCING FAQ
PROPERTY & CONVEYANCING FAQ
FRIENDLY LOAN AGREEMENT FAQ
GENERAL LEGAL FAQ
We usually respond within the same day during working hours.
More detailed advice may have consultation fee.
Yes
- We respond at our earliest convenience (24 working hours)
- We ensure you suffer no loss in monies
- We ensure you can sleep tight at night with worries free on on your legal matter
- We ensure you get detailed explanation whenever you have enquiries (after we are engaged)
- We ensure you suffer no loss in monies
- We ensure you can sleep tight at night with worries free on on your legal matter
- We ensure you get detailed explanation whenever you have enquiries (after we are engaged)
CAVEAT FAQ
Up to 6 years, unless earlier withdrawn or challenged.
Yes — the landowner may apply to remove it.
You must respond with supporting legal grounds.
You must respond with supporting legal grounds.
No — you must have a registrable interest or the caveat can be removed by court.
Yes, subject to the said reason valid at the time of lodgement.
Yes, if the lodging party is not the registered owner.
Different land office have different charges, WhatsApp us for more!
Generally, if parties have agreed and executed valid agreement with terms involving the Property, you may.
Not necessarily, but it is advisable to get your lawyer to check through your documents to ensure your caveat is legit and effective.
TENANCY FAQ
Not legally mandatory, but strongly recommended to avoid disputes.
Usually the tenant pays, but it can be mutually agreed.
Yes, must be clearly stated and recorded in Tenancy Agreement.
Yes, as per terms in the Tenancy Agreement subject to the rate of interest and penalty is allowable by court.
Unless it is otherwise agreed, Landlord shall be responsible for quit rent, assessment and management fee.
Yes, you may.
Yes, subject to the parties' arrangement.
All defects that is caused by Tenant. Fair wear and tear excepted.
Subject to the terms in agreement, Landlord may:-
(a) claim for full rental for the unexpired terms; and/or
(b) forfeit full Deposit received from the Tenant.
(a) claim for full rental for the unexpired terms; and/or
(b) forfeit full Deposit received from the Tenant.
Unless it is otherwise stated in agreement, Landlord may be required to:-
(a) compensate amount equivalent to the Deposit paid by Tenant; and/or
(b) refund the Deposit to Tenant; and/or
(c) compensate the Tenant's for renovation costs.
(a) compensate amount equivalent to the Deposit paid by Tenant; and/or
(b) refund the Deposit to Tenant; and/or
(c) compensate the Tenant's for renovation costs.
Tenant, unless otherwise agreed in agreement.
No, more than 3 years shall be considered a lease.
AUCTION PROPERTY FAQ
No. You will lose your 10% deposit immediately.
Not guaranteed — depends on the bank and auctioneer.
You may need a court eviction order — we can assist.
Negotiate with Tenant to verify whether there is subsisting agreement.
The most ideal way would be engaging a solicitor to conduct due diligence for you.
Our law firm will assist with conduct of land search, checking with developer, management body etc subject to terms stated in Proclamation of Sales.
Yes
Yes, subject to eviction fee agreed thereof.
- acquisition costs is more competitive, good for own use and investment purposes
- more transparent in market price and avoiding illegal price marking up transaction
- process of transferring could be more efficient in certain circumstances
- more transparent in market price and avoiding illegal price marking up transaction
- process of transferring could be more efficient in certain circumstances
Subject to terms stated in Proclamation of Sales, costs claimable will be mentioned therein.
- Title condition / status of the Auctioned Property
- Location of the Auctioned Property
- Remaining timeline of the Auctioned Property
- Bank and Loan amount approved in favour of Bidder
- Existing of third party's restriction and/or management
- Location of the Auctioned Property
- Remaining timeline of the Auctioned Property
- Bank and Loan amount approved in favour of Bidder
- Existing of third party's restriction and/or management
- Legal Fee involved (Ownership Transfer and Loan)
- Developer Charges
- Valuer Charges
- Bank Loan Interest Rate
- Renovation Costs
- Eviction Costs (entry costs)
- Developer Charges
- Valuer Charges
- Bank Loan Interest Rate
- Renovation Costs
- Eviction Costs (entry costs)
Subject to terms of the transaction, Yes.
Yes, if the inventories belong to theirs.
Yes, you must allow the Tenant to continue renting the Auctioned Property as per the terms stated in the valid Tenancy Agreement.
Generally, yes you can
No, you are still the beneficial owner to the Property.
Yes, of which includes but not limited to legal fee, stamp duty, valuation fee, reimbursement charges and etc.
Means Auctioned Property will be transferred into previous owner first before subsequent transfer to the latest Bidder.
Generally Yes.
Quit Rent, Assessment, Service Fee, Sinking Fund.
Yes, subject to further checking by IRB.
It is advisable to lodge a police report as a precaution step prior to your entry.
Generally, you have to top up right before you get a full stamped Proclamation of Sales.
It is advisable to top up soonest after your loan approval due to auction process may have unforeseeable delay from third party that may not allow for extension of time.
Yes and with proper handover letter.
Generally, you are not allowed as you are bidding at your own risk.
Yes, our firm is committed to.
Both are fine to invest but legal process would be clearer and easier for Auctioned Property with Individual Title/Strata Title.
You are advisable to lodge immediate police report.
PARTNERSHIP AGREEMENT FAQ
It protects all partners, defines roles, and prevents disputes.
No. A JV is usually for a specific project or limited scope, while partnerships are long-term business structures.
Yes, but strongly discouraged — written agreements protect all partners.
A properly drafted agreement will include exit and buy-out mechanisms.
Yes — but foreign ownership rules must be considered.
Obligation of parties, termination (exit) terms, Consideration, Right of option, Default terms, remedial terms and etc
Advisable, as only stamped documents will be admissible as evidence before court.
Preferably, as in the event of dispute, signatures of parties can be verified by independent witness.
CORPORATE DISPUTE FAQ
Yes — we provide dispute advisory and negotiation support.
Yes, via settlement agreement.
Preferably to have detailed terms incorporated into shareholder agreement and/or any other relevant agreement of equivalent reference.
If parties are unable to negotiate amicably, parties may seek solution via court proceedings.
Unless otherwise stated in agreement, it is a best practice for the parties to exercise all the remedies as stated therein the agreement first before initialing further proceedings.
Business may be put on halt and causes financial crises.
DISCHARGE AND REFINANCING FAQ
You must first get bank consent and further to complete the discharge and refinancing
Normally 3–6 weeks, depending on bank speed and land office processing.
A Deed of Receipt & Reassignment (DORA) will be required instead of a charge discharge.
Discharge means Bank that you have fully settled your loan with, cancelling and discharging their right against your Property.
Yes, you can but legal and disbursement costs for the entire transaction may be slightly higher if you do not handle it concurrently.
Yes.
After your loan approval, the entire refinancing transaction generally take lesser than 90 days from the date of your signing with the solicitors.
Yes, but it is not considered as substantially different if you opt for another bank.
Discharge costs may vary due to Property location as the costs of disbursement different between each land office. The range of costs could be lesser than RM2000.00
Yes
LOVE AND AFFECTION FAQ
Usually partial exemption applies — depends on relationship & property type.
Yes as of year 2026.
Parents is transferring Property to children, the stamp duty will be given 100% rebate if market value of the Property is lesser than RM 1million at that point of time of transfer. It means the value can only be determined after parties have signed and submitted the documents to Inland Revenue Board. Balance value above RM 1million shall be calculated at a rebate of 50% (As of year 2026)
No
Grandparents is transferring Property to grandchildren, the stamp duty will be given 100% rebate if market value of the Property is lesser than RM 1million at that point of time of transfer. It means the value can only be determined after parties have signed and submitted the documents to Inland Revenue Board. Balance value above RM 1million shall be calculated at a rebate of 50% (As of year 2026)
No, only available for Malaysian.
Yes, as long as the child must be a legitimate child, step child or child adopted in accordance with laws of Malaysia.
Yes
Please contact us for quotation as the costs involved would be very much depending on location of Property, title condition and status of the Property as well as stamp duty waiver and/or exemption thereof.
CORPORATE RETAINER FAQ
Usually 6 or 12 months, depending on the package.
Yes — it’s cost-effective and prevents legal mistakes.
Yes — we tailor the scope based on your industry and needs.
Any entity that requires wide range of legal assistances from time to time.
Yes, it is more costs efficient to get a legal retainer if you constantly requires legal assistance and/or advise.
Depend on your requirements and/or special request and most of time it affects the costs of package.
WILL, TRUST & PROBATE FAQ
Assets will be distributed under the Distribution Act 1958, not according to personal wishes.
Typically 3–6 months, but can vary depending on asset complexity.
Yes, if it meets the legal requirements. However, many handwritten Wills get rejected due to errors.
After major life changes, example, marriage, divorce, new child, buying property, business changes.
Yes, in the event that Executor:-
a) Refuse to conduct the application; or
b) Delay the legal proceedings; or
c) Conflict of interest; or
d) Misconduct in managing the estate; or
e) Death; or
f) Renounced.
a) Refuse to conduct the application; or
b) Delay the legal proceedings; or
c) Conflict of interest; or
d) Misconduct in managing the estate; or
e) Death; or
f) Renounced.
It is advisable not to proceed with transmission if you intend to sell the Property. This way is more costs efficient, contact us to know more.
No, they are distinct legal documents.
Will is meant to reflect intention of Testator in distributing his/or her assets after his/or death. It remains valid even after his/or death.
A Power of Attorney is an instrument that only remains valid until the day before your death, especially in circumstances where Giver is having issue of incapacitated.
A Deed of Trust means a legal documents that that meant to dictate the terms for trustee to hold and/or manage on behalf the assets (property, money, investments) as defined therein the documents for beneficiaries.
Yes, there are differences. Grant of Probate is a legal process adopted to handle deceased's estate stated therein deceased's Will. Letter of administration on the otherwise is a process that is adopted to handle deceased's estate who left no WIll.
Grant of Probate will be cheaper.
Generally 3months.
Generally Six months and above.
It is advisable to have the Applicant and Beneficiaries present at the Court to ensure smoothness of process.
It is advisable to have the Executor and Beneficiaries to be present at the Court to ensure Court to grant the application.
Yes, but we will requires Court Order for Sale to facilitate the sale of Property.
Generally 3 months and above.
If you plan not to resell the estate, it is advisable to proceed with transmission of the estate in accordance with Grant of Probate. This is to ensure cheaper costs before the inflation of costs.
a) Furnish original Will to solicitors
(Solicitors will check whether the Will is valid)
b) Identify the Executor
(Solicitors will check whether Executor is available to carry out the Will)
c) Gather complete documents to prepare cause paper
d) Relevant parties to sign cause paper
e) Filing to Court and waiting for Hearing Date
f) Attended Hearing and Grant of Probate is issued
Contact us for more!
(Solicitors will check whether the Will is valid)
b) Identify the Executor
(Solicitors will check whether Executor is available to carry out the Will)
c) Gather complete documents to prepare cause paper
d) Relevant parties to sign cause paper
e) Filing to Court and waiting for Hearing Date
f) Attended Hearing and Grant of Probate is issued
Contact us for more!
In common, law firm will require the following documents:-
a) Original Documents,
b) Death Certificate,
c) Executor's IC, list of assets and liabilities,
d) Beneficiaries' IC.
a) Original Documents,
b) Death Certificate,
c) Executor's IC, list of assets and liabilities,
d) Beneficiaries' IC.
Preferences will usually goes to:-
a) spouse; or
b) children; or
c) siblings; or
d) parents; or
e) other beneficiaries.
a) spouse; or
b) children; or
c) siblings; or
d) parents; or
e) other beneficiaries.
Includes but not limited to Properties, Bank Accounts, EPF/Investment(s), Shares, Vehicles, Jewelries, Fix Deposits and etc. private assets (may it be moveable or immovable)
Basic steps shall includes the followings:-
1) Identify the candidate for Administrator;
2) Identify the List of Assets and Liabilities of deceased's;
3) Appointment of Administrator;
4) Prepare Cause Paper for relevant parties to sign;
5) File signed documents to court;
6) Court reviews documents and set Hearing Date;
7) Issuance of Letter of Administration.
1) Identify the candidate for Administrator;
2) Identify the List of Assets and Liabilities of deceased's;
3) Appointment of Administrator;
4) Prepare Cause Paper for relevant parties to sign;
5) File signed documents to court;
6) Court reviews documents and set Hearing Date;
7) Issuance of Letter of Administration.
Administrator now is legally allowed to carry out the following actions:-
a) Sell Property;
b) Deal with banks on its fund therein;
c) Transfer any assets covered by the Letters;
d) Pay debts and taxes on deceased's behalf;
e) Distribute assets as per the Letters.
a) Sell Property;
b) Deal with banks on its fund therein;
c) Transfer any assets covered by the Letters;
d) Pay debts and taxes on deceased's behalf;
e) Distribute assets as per the Letters.
DIVORCE & FAMILY LAW FAQ
Around 3–6 months, depending on court dates.
Courts prioritise the child’s best interest. Both parents may share rights.
Yes, for a joint petition.
Correspondences address of Parties, Location of marriage registration, Complexity of the Case.
Joint Petition will be definitely cheaper in costs.
Yes, subject to exemption.
It is advisable to attend tribunal reconciliation.
Generally, it is advisable to file at the state where parties registered their marriage.
CORPORATE & COMMERCIAL FAQ
Most companies engage monthly or quarterly advisory to maintain compliance.
To ensure enforceability, prevent loopholes, and protect your business from future disputes.
Yes, we highlight risks and recommend safer clauses.
Some examples include Shareholder Agreement, Subscription Agreement, Allotment Agreement, Partnership Agreement, Deed of Trust, Collaboration Agreement, Power of Attorney, Joint Venture Agreement, Service Agreement etc.
It is a legally binding agreement that regulates the duties, obligations, rules of share transfer, conflict management and business operation.
Different from Allotment Agreement, Subscription Agreement is a type of agreement that outlines new price of shares, new number of shares and investment terms for new investor of the company.
Allotment Agreement outlines new price of shares, new number of shares and investment terms for existing shareholder of the company.
It is an agreement that used to outline combination of capitals, obligations and contribution of resources of each involving party.
Agreement of this kind will generally cover binding terms between a service provider and a customer/hirer that dictates the terms including but not limited to :-
(a) scope and nature of duties and obligation of service provider;
(b) consideration and cost of services to be rendered with its manner of payment clearly laid out;
(c) termination clause (punitive nature);
(d) tenure of service to be rendered.
Contact us for more.
(a) scope and nature of duties and obligation of service provider;
(b) consideration and cost of services to be rendered with its manner of payment clearly laid out;
(c) termination clause (punitive nature);
(d) tenure of service to be rendered.
Contact us for more.
REFINANCING FAQ
It legally binds the bank and borrower, specifying obligations, interest rates, terms and rights in case of default.
Usually 2 weeks, depending on bank processing time.
To avoid hidden liabilities, protect directors, and ensure clarity of obligations.
Is a legal process to create charge over your Property for the purposes of cashing out more fund(s) from the inflated market value of the Property. Some customers are getting refinancing to revise a better loan terms for their existing property mortgage.
Definitely
Not necessary.
After the solicitors is appointed with documents furnished in complete, disbursement will be done in less than 4 months or earlier (depending on the facts of the case).
Yes.
You have to check whether your existing loan is having lock in period terms imposed by your existing bank.
Yes, you are, as long as your refinancing loan is approved.
We will remove existing's private caveat, court order, existing bank charge, if any.
Yes.
Yes
Most of time, no bank will approval refinancing in favour of a Bankrupt.
Yes, you need their consent.
Yes, you need the state consent (may vary in accordance with Title condition of the Property)
Yes, you must settle the bills in full.
Yes, but depends on Banks' approval.
Yes.
PROPERTY & CONVEYANCING FAQ
Yes — a lawyer is required for subsale transactions to ensure legal compliance.
Usually 2–4 weeks
Not recommended — you may have to suffer losses due to hidden liabilities.
Yes, Legal Possession with sale subject to assignment of tenancy.
Yes, preferably. Despite the costs is slightly higher, it is advisable to engage your own legal representation. Call us for more.
Generally around 3-4 months, depending on facts of the case.
Whenever your financier has disbursed the loan amount or any part thereof, you are required to start paying instalment.
Not necessary you will get the keys, you are only entitled to keys when all your approved loan amount from your financier has been fully disbursed. Please contact us for more.
Yes, you can choose your own solicitors
It is a kind of property that you are entitled to own the same forever.
You have to take not the remaining balance of years for the lease to ensure you are easier to resell the same.
Generally, there are three types, which is Master Title, Strata Title and Individual Title.
Means land is held under name of Developer and/or Proprietor.
Means property ownership for multistorey building(s) and/or gated development(s) have been issued with separate legal and registrable title(s) for each and specific unit(s) erected therein.
You should have take note legal issue as follows:-
-Freehold vs Leasehold
-Master Title vs Strata Title/Individual Title
-Encumbrances (Tenancy, Caveat, Court Order, if any)
-Condition of Title (Bumi or Non-Bumi, Low Cost, Purpose of Land etc)
Call us for more advice.
-Freehold vs Leasehold
-Master Title vs Strata Title/Individual Title
-Encumbrances (Tenancy, Caveat, Court Order, if any)
-Condition of Title (Bumi or Non-Bumi, Low Cost, Purpose of Land etc)
Call us for more advice.
Includes:-
(a) legal fee, stamp duty and disbursement (SPA & Loan);
(b) valuation fee;
(c) insurance costs;
(d) outgoings costs of the property.
(a) legal fee, stamp duty and disbursement (SPA & Loan);
(b) valuation fee;
(c) insurance costs;
(d) outgoings costs of the property.
It is advisable to get a copy.
Property will be delivered on as is where is basis. Should defects occurred during your first inspection before your purchase booking is made, such defect remedial costs is not claimable unless it is otherwise requested on booking form and/or agreement.
Yes, it is advisable to include.
It is advisable to take note on the following costs:-
(a) Real Property Gain Tax;
(b) Legal Fee Cost;
(c) Agent Commission;
(d) Sale and Service Tax;
(e) Lock In Period of property loan.
(a) Real Property Gain Tax;
(b) Legal Fee Cost;
(c) Agent Commission;
(d) Sale and Service Tax;
(e) Lock In Period of property loan.
It is advisable to conduct a preliminary due diligence check first before proceed to apply for loan approval.
1) Viewings conducted with or without involvement of an agent
2) Videos taking of the property condition
3) Before signing agent's booking form, engage a solicitor to carry out simple and basic due diligence as well as vetting through the booking form
4) Handling your loan approval
5) Loan approved and proceed to share relevant details to your solicitors
6) Solicitors to prepare SPA and Loan Documents for signing.
7) The rest of works you may leave to your Solicitors to advise.
Contact us for more!
2) Videos taking of the property condition
3) Before signing agent's booking form, engage a solicitor to carry out simple and basic due diligence as well as vetting through the booking form
4) Handling your loan approval
5) Loan approved and proceed to share relevant details to your solicitors
6) Solicitors to prepare SPA and Loan Documents for signing.
7) The rest of works you may leave to your Solicitors to advise.
Contact us for more!
We ensure prompt and swift revert with guaranteed zero loss in handling your conduct of matter.
Vendor is only duty bound to deliver keys that he have as of date of booking unless sale and purchase agreement has mentioned all keys shall be delivered.
FRIENDLY LOAN AGREEMENT FAQ
No. It is not entirely reliable in court without supporting documents. (subject to court to determine the issue)
Yes — as long as it does not violate lending laws in Malaysia. We will advise accordingly.
No- as long as signatures are affixed in accordance with laws of Malaysia.
Generally, will dictates the terms below:-
- Loan Amount
- Period or Tenure of Loan
- Terms to disburse payment
- Repayment terms
- Termination Clause (punitive)
- Loan Amount
- Period or Tenure of Loan
- Terms to disburse payment
- Repayment terms
- Termination Clause (punitive)
